People v. Carrigan

JEFFERSON, J.

In an information filed by the District Attorney of Los Angeles County, defendant was charged with possession for sale of a narcotic, heroin, in violation of section 11500.5 of the Health and Safety Code. Defendant entered a plea of not guilty. Trial was by the court, trial by jury having been duly waived by defendant and all counsel. Defendant’s motion to strike all evidence on the ground that it was acquired as the result of an unlawful search and seizure was denied. Defendant was found guilty of possession of narcotics (in violation of the Health & Saf. Code, § 11500), a lesser and necessarily included offense. Defendant’s motion for new trial was denied. Probation was denied and defendant was sentenced to the state prison for the term prescribed by law. Defendant appeals from the judgment of conviction.

Officer Frank Miranda, assigned to the Narcotics Division of the Los Angeles Police Department, received certain information concerning defendant. What the information was or its source was not disclosed. After receiving this information, the officer ran a “record check” on defendant through the police files and discovered defendant had a long record of arrests, two or three for narcotics violations, and also a prior

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conviction for sale of marijuana. Pursuant to this information and within two weeks prior to October 24, 1962, the officer and his partner “staked out” a house on San Juan Street in Venice, California, where defendant was known to be residing. On the occasions of these stake-outs the officers observed several persons go into the house, a small single family residence, remain a short time and then leave. They usually approached and left by way of an alley located behind the house.

On the evening of October 24, 1962, Officer Miranda saw a car enter the alley behind defendant’s house. A man got out of the car and approached the back gate leading to the house. The officer recognized that he was Bill Heath, a known narcotic addict, and a man whom the officer had himself arrested approximately three months before for possession of heroin. As Heath opened the gate Officer Miranda called to him. Heath hesitated, looked in the direction of the officer, then “broke and ran quite fast” to his car. The officers chased him but he jumped in the car and drove off before they could reach him. The officers then approached the house and knocked on the door. A voice from within inquired “Who is it?” Officer Miranda’s partner replied “Bill” (for Bill Heath). Defendant opened the door and both officers entered the house. Officer Miranda displayed his badge and said “I am a narcotics officer.” The officers searched the house. In the kitchen Officer Miranda observed a plastic vial with multicolored balloons in it on the top of a stand-up refrigerator. Defendant was asked “how much do you get for these balloons,” and he replied “$20, if I let them go.” Later, when told he had quite a lot of “stuff” (meaning narcotics), defendant replied “Well, it’s all for my own use.”